36-27-23
Section 36-27-23 Board of Control; medical board, actuary. (a) The general administration and
responsibility for the proper operation of the retirement system and for making effective
the provisions of this article are hereby vested in a board of trustees which shall be known
as the Board of Control. (b) The board shall consist of 13 trustees as follows: (1) The Governor,
ex officio, who shall be chairman. (2) The State Treasurer, ex officio. (3) The State Personnel
Director, ex officio. (4) The Director of Finance, ex officio. (5) Three members of the retirement
system, to be appointed by the Governor, no two of whom shall be from the same department
of the state government nor from any department of which an ex officio trustee is the head.
The state employees appointed pursuant to this section shall be Merit System employees with
at least ten years of creditable state service and shall not be a department head or an assistant
department head. The terms of office of the three members...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of the Justices
No. 376," issued April 9, 2002, which states that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901, this...
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45-23A-91.08
Section 45-23A-91.08 Powers of the authority. (a) The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
perpetuity, subject to Section 45-23A-91.19) specified in its certificate of incorporation.
(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties. (3) To adopt and make use of
a corporate seal and to alter the same at pleasure. (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business. (5) To acquire, whether by purchase, construction,
exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain,
equip, and furnish one or more projects, including all real and personal properties which
the board of the authority may deem necessary in connection...
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45-27A-31.08
Section 45-27A-31.08 Powers of authority. The authority shall have all of the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time, which may be
perpetuity, subject to Section 45-27A-31.19, specified in its certificate of incorporation.
(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties. (3) To adopt and make use of
a corporate seal and to alter the same at pleasure. (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business. (5) To acquire, whether by purchase, construction,
exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain,
equip, and furnish one or more projects, including all real and personal properties which
the board of the authority may deem necessary in connection...
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45-41A-10.08
Section 45-41A-10.08 Powers of authority. (a) The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
perpetuity, subject to Section 45-41A-10.19) specified in its certificate of incorporation.
(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties. (3) To adopt and make use of
a corporate seal and to alter the same at pleasure. (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business. (5) To acquire, whether by purchase, construction,
exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain,
equip, and furnish one or more projects, including all real and personal properties which
the board of the authority may deem necessary in connection...
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45-41A-40.08
Section 45-41A-40.08 Powers of the authority. (a) The authority shall have all of the following
powers, together with all powers incidental thereto or necessary to the discharge thereof
in corporate form: (1) To have succession by its corporate name for the duration of time which
may be perpetuity, subject to Section 45-41A-40.19, specified in its certificate of incorporation.
(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties. (3) To adopt and make use of
a corporate seal and to alter the same at pleasure. (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business. (5) To acquire, whether by purchase, construction,
exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain,
equip, and furnish one or more projects, including all real and personal properties which
the board of the authority may deem necessary in...
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45-8A-111.08
Section 45-8A-111.08 Powers of authority. (a) The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
perpetuity, subject to Section 45-8A-111.19) specified in its certificate of incorporation;
(2) To sue and be sued in its own name and to prosecute and defend civil actions in any court
having jurisdiction of the subject matter and of the parties; (3) To adopt and make use of
a corporate seal and to alter the same at pleasure; (4) To adopt and alter bylaws for the
regulation and conduct of its affairs and business; (5) To acquire, whether by purchase, construction,
exchange, gift, lease, or otherwise and to refinance existing indebtedness on, improve, maintain,
equip, and furnish one or more projects, including all real and personal properties which
the board of the authority may deem necessary in connection...
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45-8A-20.08
Section 45-8A-20.08 Powers of authority. (a) The authority shall have the following powers,
together with all powers incidental thereto or necessary to the discharge thereof in corporate
form: (1) To have succession by its corporate name for the duration of time (which may be
perpetuity, subject to the provisions of Section 45-8A-20.19) specified in its certificate
of incorporation; (2) To sue and be sued in its own name and to prosecute and defend civil
actions in any court having jurisdiction of the subject matter and of the parties; (3) To
adopt and make use of a corporate seal and to alter the same at pleasure; (4) To adopt and
alter bylaws for the regulation and conduct of its affairs and business; (5) To acquire, whether
by purchase, construction, exchange, gift, lease, or otherwise and to refinance existing indebtedness
on, improve, maintain, equip, and furnish one or more projects, including all real and personal
properties which the board of the authority may deem necessary in...
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10A-1-1.03
Section 10A-1-1.03 Definitions. As used in this title, unless the context otherwise requires,
the following terms mean: (1) AFFILIATE. A person who controls, is controlled by, or is under
common control with another person. An affiliate of an individual includes the spouse, or
a parent or sibling thereof, of the individual, or a child, grandchild, sibling, parent, or
spouse of any thereof, of the individual, or an individual having the same home as the individual,
or a trust or estate of which an individual specified in this sentence is a substantial beneficiary;
a trust, estate, incompetent, conservatee, protected person, or minor of which the individual
is a fiduciary; or an entity of which the individual is director, general partner, agent,
employee or the governing authority or member of the governing authority. (2) ASSOCIATE. When
used to indicate a relationship with: (A) a domestic or foreign entity for which the person
is: (i) an officer or governing person; or (ii) a beneficial...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether the other
entity or entities are the same or another form of entity, may be accomplished as provided
in this section. (1) CORPORATIONS. a. In the case of a corporation, other than a nonprofit
corporation, that is a party to a merger, a plan of merger must be approved in accordance
with the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the
governing documents of the corporation provide for approval of a merger by less than all of
the corporation's stockholders, approval of the merger shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation
into a general or limited partnership may be effected without the consent in writing of each
stockholder who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the...
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